Anne R. Dugan - Page 4

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               Section 162(a) allows as a deduction "all the ordinary and             
          necessary expenses paid or incurred during the taxable year in              
          carrying on any trade or business".  The question for                       
          consideration is whether petitioner is entitled under section 162           
          to deduct the cost of the meals with Dr. Zimmerman.1                        
               Petitioner bears the burden of proving that the expenses in            
          question are ordinary and necessary business expenses.  See Rule            
          142; Welch v. Helvering, 290 U.S. 111 (1933).  "Daily meals are             
          an inherently personal expense, and a taxpayer bears a heavy                
          burden in proving they are routinely deductible."  Moss v.                  
          Commissioner, 80 T.C. 1073, 1078 (1983), affd. 758 F.2d 211 (7th            
          Cir. 1985).                                                                 
               In Moss, members of a law firm met daily at a local cafe to            
          discuss work-related matters.  As in the instant case, the noon             
          hour was chosen as the most convenient and practical time for the           
          firm to hold meetings.  This Court acknowledged the valid                   
          business purposes for the lunch meetings, but nevertheless held             
          the costs of the meals to be nondeductible personal expenses,               
          rather than ordinary and necessary business expenses.                       
               we are convinced that petitioner and his partners and                  
               associates discussed business at lunch, that the                       
               meeting was a part of their working day, and that this                 

               1  Sec. 212, which applies to nontrade or nonbusiness                  
          expenses that are costs of producing income, and sec. 217, which            
          applies to moving expenses, are not at issue in this case.  Nor             
          were the expenses incurred while petitioner was traveling away              
          from home.                                                                  




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